An Alabama judge dismissed a lawsuit Friday that a grieving young father filed on behalf of his aborted child.
Ryan Magers sued the Alabama Women’s Center in Huntsville after his girlfriend aborted their unborn baby there against his will. In March, a Madison County judge granted his petition to represent the estate of his child, “Baby Roe,” and sue the abortion facility in a wrongful death lawsuit.
“…the Court finds that Plaintiff’s asserted claims for punitive money damages are not cognizable under Alabama law, including the Alabama Wrongful Death Act,” Comer wrote in his decision.
WHNT News 19 reports the judge also argued that Magers’ aborted baby did not have any legal rights, even though the lower court recognized “Baby Roe’s” estate.
“Although the plaintiff attaches great significance to the probate court`s issuance of letters of administration, the court finds said process to be ministerial in nature,” Comer wrote.
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In arguing the case, Magers’ attorney Brett Helms cited Alabama’s recent abortion ban and a constitutional amendment that recognizes the rights of the “unborn,” the Associated Press reported. But the abortion ban and amendment were passed long after the embryo was aborted in 2017.
Sara Tucker, an attorney representing the clinic, argued the case should be dismissed because there was no wrongful death since the abortion was legal, AP reported.
Helms told WHNT that they plan to appeal the decision.
“As this is the first case of its kind, we expected to have to appeal to a higher court,” Helms said. “At this point, we are exactly where we thought we’d be.”
Right now in the U.S., fathers do not have any legal rights to protect their unborn children from abortion. State laws requiring that a father be notified or given a say in an abortion have been struck down by the U.S. Supreme Court.
If Magers succeeds, his case could restore at least some rights to fathers of unborn babies.
The case is unique because the court recognized Magers’ aborted baby as the plaintiff and him as the representative of his baby’s estate.
“For the first time in the history of America, the aborted child has been able to move forward with this case,” Helms said, previously.
Magers said his girlfriend was six weeks pregnant when she had the abortion in 2017. By six weeks, an unborn baby’s heart is already beating; he or she also has their own unique DNA that determines hair and eye color, gender and other traits.
Helms said Magers pleaded with his girlfriend to have the baby and even took on an extra job to prepare for the baby’s birth, according to Refinery 29. The couple broke up after the abortion.
“I’m here for the men who actually want to have their baby,” Magers told ABC 31 in February. “I just tried to plead with her and plead with her and just talk to her about it and see what I could do, but in the end, there was nothing I could do to change her mind.”
The wrongful death lawsuit is against the Alabama Women’s Center in Huntsville, the abortionist and the pharmaceutical company involved in the abortion.
The case is a strong reminder of how abortion affects more than just a mother and child. There are countless heartbroken fathers across the country who have to bear a lifetime of grief because their partners chose to abort their unborn children against their will.
The Men and Abortion Network (MAN) is available to help fathers of aborted children. It provides free resources to fathers like Magers as well as men who agreed with the abortion but now regret it.